Trucking news and briefs for Thursday, July 11, 2024:
Speed limiter block survives committee markup
A provision in the fiscal year 2025 DOT funding legislation that would block the Federal Motor Carrier Safety Administration from mandating speed limiters on trucks has cleared another hurdle.
The House Appropriations Committee on Wednesday voted to keep the provision in the bill after an amendment was proposed to remove it. The committee passed the funding bill with a 31-26 vote.
In addition to the speed limiters block, the bill also includes:
- $200 million in funding for truck parking projects
- A provision prohibiting the enforcement of ELDs on motor carriers transporting livestock or insects. Such operations are currently running under a statutory exemption from ELD requirements.
- A provision barring states from implementing trucking hours of service requirements that are more stringent than the federal standards, such as California’s meal and rest break rules.
- A provision directing FMCSA to facilitate discussions with local, state and private sector stakeholders to develop guidelines for towing and recovery regulations at all levels of government.
The bill will now move to the full House, where it will need to pass before moving to the Senate.
In other appropriations action, the committee also passed a funding bill for the Department of Labor that includes a provision to prohibit the Department of Labor from implementing its independent contractor rule, which was finalized and took effect earlier this year. The funding bill passed by a 31-25 vote and will move to the full House.
[Related: FMCSA kicks the can on speed-limiter rule]
EPA hosting meeting, accepting comments on CARB’s Advanced Clean Fleets regs
The Environmental Protection Agency announced in a Federal Register notice publishing Friday that it will host a public meeting and open a comment period regarding a potential waiver to allow the California Air Resources Board to implement its Advanced Clean Fleets (ACF) regulations.
The ACF rule seeks to require all new medium- and heavy-duty vehicles sold or registered in the state to be zero-emission by 2036 and requires all trucks to be zero-emission by 2042.
EPA said CARB submitted a request in November 2023 seeking a waiver of preemption for the on- and off-road regulations in the ACF rule. The waiver is required because the regulations exceed EPA’s requirements. EPA last year granted CARB a waiver for its Advanced Clean Trucks rule, which requires truck manufacturers to reach new truck sales targets of 55% (Class 2b-3), 75% (Class 4-8), and 40% (tractors) for zero emssions equipment by 2035.
[Related: States challenge latest EPA, CARB truck emissions rules]
The Clean Air Act requires that the EPA administrator grant waivers “if the state determines that the state standards will be, in the aggregate, at least as protective of public health and welfare as applicable federal standards.” California is the only state that is qualified to seek and receive a waiver under CAA rules. The EPA is required to grant the waiver unless the administrator finds that:
- The determination of the state is arbitrary and capricious
- The state does not need the state standards to meet compelling and extraordinary conditions
- The state standards and accompanying enforcement procedures are not consistent with section 202(a) of the Clean Air Act
[Related: EPA 2027 diesel emissions regs: Class 8 truck price hikes in the offing]
CARB said in its ACF rule waiver request that it believes “no basis exists for the Administrator of EPA to find that CARB’s determination is arbitrary and capricious” under the Clean Air Act.
EPA is requesting public comment on California’s request, specifically on the three waiver criteria listed above. Comments can be filed here through Sept. 16.
A virtual public hearing will also be held Wednesday, Aug. 14, at 10 a.m. Eastern. It will end “when all parties who wish to speak have had an opportunity to do so.” Those interested in attending the hearing are asked to register by Aug. 7. Each commenter will have three minutes to provide testimony.
CARB’s ACF rule has been under fire from trucking and other groups with a number of legal challenges, including from the California Trucking Association, Western States Trucking Association, the American Free Enterprise Chamber of Commerce, and a coalition of 17 states and the Nebraska Trucking Association.
[Related: Group backed by former AG Barr suing California over rule banning diesels]
DAT offering temporary subscription upgrade for DAT One users
DAT Freight & Analytics on Thursday announced the DAT Gear Up event, which automatically upgrades DAT One carrier customers to the next highest subscription tier for a limited time at no additional cost. The promotion lasts from July 23 to Oct. 23, 2024.
“With the freight market heating up, we’re giving every carrier customer a DAT One upgrade for a limited time,” said Jeff Hopper, Chief Marketing Officer at DAT. “We want to give our customers the chance to test drive our top tools and take their businesses to the next level.”
DAT offers five subscription tiers for carriers, each with an expanding set of features:
- DAT One Standard, with unlimited searching and truck posting
- DAT One Enhanced, adding broker credit scores, load counts by state, and 30-day average lane rates
- DAT One Pro, with DAT’s TriHaul Routing tool, Canadian loads, 15-day average lane rates, and DAT Assurance payment support
- DAT One Select, with DAT iQ’s Market Conditions tool and live load board results
- DAT One Office, with features for mid-size and large fleets including contract lane rate information and the DAT LaneMakers tool
The DAT One Mobile app is included in all subscriptions.
More information about the DAT Gear Up even can be found here.
[Related: 'Illuminati' hack hits DAT boards with thousands of $20/mile load posts]]
